S T A T E O F N E W Y O R K
________________________________________________________________________
6783
2017-2018 Regular Sessions
I N A S S E M B L Y
March 17, 2017
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Introduced by M. of A. OAKS -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to allowing for
digitized driver's licenses to be available
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 504-a to read as follows:
§ 504-A. DIGITIZED DRIVER'S LICENSE. 1. A DIGITIZED DRIVER'S LICENSE
SHALL MEAN IN THIS CHAPTER A DATA FILE AVAILABLE ON ANY MOBILE DEVICE
WHICH HAS CONNECTIVITY TO THE INTERNET THROUGH AN APPLICATION CREATED BY
THE DEPARTMENT WHICH ALLOWS THE MOBILE DEVICE TO DOWNLOAD THE DATA FILE
FROM THE DEPARTMENT OR AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT,
WHICH CONTAINS ALL OF THE DATA ELEMENTS VISIBLE ON THE FACE AND BACK OF
THE LICENSE, AND ALSO DISPLAYS THE CURRENT STATUS OF THE LICENSE. FOR
THE PURPOSES OF THIS SUBDIVISION, "CURRENT STATUS" SHALL INCLUDE BUT IS
NOT LIMITED TO IF THE LICENSE IS VALID, EXPIRED, CANCELLED, OR
SUSPENDED, IF THE DRIVER HAS ANY ENDORSEMENTS OR RESTRICTIONS, AND ALL
OTHER INFORMATION THAT WOULD BE INCLUDED ON A PHYSICAL LICENSE AS WELL
AS ANY OTHER INFORMATION THE COMMISSIONER DEEMS PERTINENT.
2. A DIGITAL COPY, PHOTOGRAPH, OR IMAGE OF A DRIVER'S LICENSE WHICH IS
NOT DOWNLOADED THROUGH THE DEPARTMENT'S APPLICATION ON A MOBILE DEVICE
SHALL NOT BE A VALID DIGITIZED DRIVER'S LICENSE.
3. EXCEPT FOR IN THE CASE OF TRAFFIC STOPS AND CHECKPOINTS, ANYONE MAY
REQUIRE A PERSON TO PRODUCE THE PHYSICAL DRIVER'S LICENSE ISSUED BY THE
DEPARTMENT, EVEN IF THE PERSON HAS AS DIGITIZED DRIVER'S LICENSE.
4. THE DISPLAY OF A DIGITIZED DRIVER'S LICENSE SHALL NOT SERVE AS
CONSENT OR AUTHORIZATION FOR A LAW ENFORCEMENT OFFICER, OR ANY OTHER
PERSON, TO SEARCH, VIEW, OR ACCESS ANY OTHER DATA OR APPLICATION ON THE
MOBILE DEVICE. IF A PERSON PRESENTS THEIR MOBILE DEVICE TO A LAW
ENFORCEMENT OFFICER FOR PURPOSES OF DISPLAYING THEIR DIGITIZED DRIVER'S
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06998-01-7
A. 6783 2
LICENSE, THE LAW ENFORCEMENT OFFICER SHALL PROMPTLY RETURN THE MOBILE
DEVICE TO THE PERSON ONCE HE HAS HAD AN OPPORTUNITY TO VERIFY THE IDEN-
TITY AND LICENSE STATUS OF THE PERSON.
§ 2. Subdivision 2 of section 507 of the vehicle and traffic law, as
amended by chapter 406 of the laws of 2001, is amended to read as
follows:
2. Failure to exhibit license. Failure by a licensee to exhibit a
license OR DIGITIZED DRIVER'S LICENSE valid for operation under this
chapter to any magistrate, motor vehicle license examiner, motor vehicle
investigator, peace officer, acting pursuant to his special duties, or
police officer shall be presumptive evidence that he is not duly
licensed. EXCEPT FOR IN THE CASE OF TRAFFIC STOPS AND CHECKPOINTS, A
MAGISTRATE, MOTOR VEHICLE INVESTIGATOR, PEACE OFFICER, ACTING PURSUANT
TO HIS SPECIAL DUTIES, OR POLICE OFFICER IS AUTHORIZED TO REQUIRE THE
PERSON TO PRODUCE THE PHYSICAL DRIVER'S LICENSE ISSUED BY THE DEPART-
MENT, EVEN IF THE PERSON HAS A DIGITIZED DRIVER'S LICENSE, AND THE FAIL-
URE TO PRODUCE SUCH PHYSICAL DRIVER'S LICENSE WHEN SO REQUESTED SHALL
SUBJECT THE PERSON TO ALL THE APPLICABLE LAWS AND CONSEQUENCES FOR FAIL-
URE TO PRODUCE SUCH LICENSE.
§ 3. Subdivision (b) of section 340 of the vehicle and traffic law, as
amended by chapter 843 of the laws of 1980, is amended to read as
follows:
(b) The commissioner is hereby authorized to take possession of any
license, registration certificate or registration plates upon the
suspension thereof under the provisions of this article or to direct any
peace officer, acting pursuant to his special duties or police officer
to take possession thereof and to return the same to the office of the
commissioner. THE COMMISSIONER SHALL, WHEN ABLE TO TAKE POSSESSION OF
ANY LICENSE, ALSO ENSURE THAT ANY DIGITAL DRIVER'S LICENSE IS REMOVED
FROM ANY AND ALL DEVICES AND ENSURE THAT NO MORE CAN BE PROCURED.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately any rules or regulations neces-
sary for the timely implementation of this act on its effective date may
be promulgated on or before such date.